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SkyDome Act (Bus Parking), 2002, S.O. 2002, c. 8, Sched. K

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SkyDome Act (Bus Parking), 2002

S.O. 2002, Chapter 8
Schedule K

Consolidation Period:  From April 19, 2021 to the e-Laws currency date.

Last amendment: 2021, c. 4, Sched. 6, s. 90.

Legislative History: 2021, c. 4, Sched. 6, s. 90.

Definition

1 In this Act,

“Minister” means the Minister of Municipal Affairs and Housing or such other member of the Executive Council as may be designated under the Executive Council Act to administer the Planning Act.  2002, c. 8, Sched. K, s. 1.

By-law requirement deemed to be satisfied

2 (1) Despite any general or special Act or municipal by-law, the provision of space for the parking of 50 charter buses on block 18C shall be deemed to satisfy fully and always to have satisfied fully the requirements of section 10 (4) (vi) C of City of Toronto By-law No. 1994-0806.  2002, c. 8, Sched. K, s. 2 (1).

Parking space

(2) A space for parking a charter bus for the purposes of subsection (1),

(a) may be in a parking station;

(b) may be accessory to the urban stadium and multi-purpose facility that is located on a different lot; and

(c) may be used for the commercial parking of other vehicles.  2002, c. 8, Sched. K, s. 2 (2).

Exception, parking charge

(3) Despite the definition of “parking station” in City of Toronto By-law No. 1994-0806, a charge may be levied for a space referred to in subsection (2).  2002, c. 8, Sched. K, s. 2 (3).

By-law requirements do not apply

(4) Sections 4 (5), 5 and 7 of City of Toronto By-law No. 1994-0806 do not apply with respect to the space for parking charter buses referred to in subsection (1).  2002, c. 8, Sched. K, s. 2 (4).

Interpretation

(5) In this section,

(a) “accessory” has the meaning given to that term by City of Toronto By‑law No. 1994-0806;

(b) “block 18C” has the meaning given to that term by City of Toronto By‑law No. 1994-0806;

(c) “lot” has the meaning given to that term by City of Toronto By‑law No. 1994‑0806;

(d) “parking station” has the meaning given to that term by City of Toronto By‑law No. 1994-0806; and

(e) “urban stadium and multi-purpose facility” has the meaning given to that term by City of Toronto By-law No. 1994-0806.  2002, c. 8, Sched. K, s. 2 (5).

Deemed part of the by-law

3 (1) The provisions of section 2 shall be deemed to form part of City of Toronto By-law No. 1994-0806 and to have always formed part of that by-law.  2002, c. 8, Sched. K, s. 3 (1).

Application of s. 2

(2) Section 2 continues to apply despite any by-law that may be passed by the City of Toronto and despite any order that may be made by the Ontario Municipal Board pursuant to the Planning Act, unless the effect of the by-law or the order is to,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 3 (2) of the Act is amended by striking out “Ontario Municipal Board” in the portion before clause (a) and substituting “Ontario Land Tribunal”. (See: 2021, c. 4, Sched. 6, s. 90)

(a) reduce the number of charter buses for which space for parking must be provided in connection with the urban stadium and multi-purpose facility to fewer than 50 charter buses; or

(b) eliminate the requirement to provide any space for parking charter buses in connection with the urban stadium and multi-purpose facility.  2002, c. 8, Sched. K, s. 3 (2).

Section Amendments with date in force (d/m/y)

2021, c. 4, Sched. 6, s. 90 - not in force

Orders under Planning Act, s. 47

4 (1) Nothing in this Act derogates from the power of the Minister to make an order under section 47 of the Planning Act.  2002, c. 8, Sched. K, s. 4 (1).

Same

(2) Subsections 47 (8) to (14) of the Planning Act do not apply to any order that may be made by the Minister under clause 47 (1) (a) of the Planning Act relating to parking spaces for charter buses with respect to premises known as SkyDome.  2002, c. 8, Sched. K, s. 4 (2).

Amendment or revocation of orders

(3) The Minister may, on his or her own initiative, make an order under clause 47 (1) (a) of the Planning Act to amend or revoke in whole or in part any order  described in subsection (2) that is made by the Minister.  2002, c. 8, Sched. K, s. 4 (3).

Application of Planning Act, subss. 47 (1) to (6)

(4) Subsections 47 (1) to (6) of the Planning Act apply with necessary modifications if the Minister makes an order described in subsection (2) or (3).  2002, c. 8, Sched. K, s. 4 (4).

No cause of action

5 (1) No cause of action arises as a direct or indirect result of the enactment or repeal of any provision of this Act.  2002, c. 8, Sched. K, s. 5 (1).

No remedy

(2) No costs, compensation or damages are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort or trust, is available to any person in connection with the enactment or repeal of any provision of this Act.  2002, c. 8, Sched. K, s. 5 (2).

Proceedings barred

(3) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, that is directly or indirectly based on or related to the enactment or repeal of any provision of this Act may be brought or maintained against any person.  2002, c. 8, Sched. K, s. 5 (3).

Same

(4) Subsection (3) applies regardless of whether the cause of action on which the proceeding is purportedly based arose before or after the coming into force of this Act.  2002, c. 8, Sched. K, s. 5 (4).

Proceedings set aside

(5) Any proceeding referred to in subsection (3) commenced before the day this Act comes into force shall be deemed to have been dismissed, without costs, on the day this Act comes into force and any decision in a proceeding referred to in subsection (3) is of no effect.  2002, c. 8, Sched. K, s. 5 (5).

Exception, proceeding by the Crown, etc.

(6) This section does not apply to a proceeding commenced by the Crown or the Stadium Corporation of Ontario Limited and nothing in this section precludes a proceeding commenced by the Crown or the Stadium Corporation of Ontario Limited.  2002, c. 8, Sched. K, s. 5 (6).

Person defined

(7) In this section, “person” includes, but is not limited to,

(a) the Crown and its employees and agents; and

(b) members of the Executive Council.  2002, c. 8, Sched. K, s. 5 (7).

6 Omitted (provides for coming into force of provisions of this Act).  2002, c. 8, Sched. K, s. 6.

7 Omitted (enacts short title of this Act).  2002, c. 8, Sched. K, s. 7.

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